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    • Yes, Hotpoint UK has been a subsidiary of Whirlpool for over 20 years. And unlike some domestic goods manufacturers you can buy from them direct and I believe they employ their own service engineers, Is that your situation? You bought direct from Hotpoint and Hotpoint sent out their own engineer?
    • It's Hotpoint (but I believe they're part of the Whirlpool group now?). The part was bought direct from them as a consumer.
    • Thanks BankFodder for your latest, I'm in complete agreement on the subject of mediation and will be choosing to decline mediation, the longer timeline is not an issue for me, I will happily let the going to court run it's course. I really appreciate the support from the Consumer Action Group. I'll post the email text I'm sending to Evri's small claims in answer to their recent defence response. Regards, J    email text I'm sending to Evri's small claims in answer to their recent defence response:  
    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Horrific experience with Davies Group/Modus Underwriting. Any advice?


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I bought my current Home Contents Insurance a few months ago from Intelligent Insurance and paid annually, upfront.

 

Last month I lost my laptop and iPad after leaving one of my bags behind in a store. I returned to the store and periodically checked to see whether the items had been handed in. I also called the police to report the loss. The following morning I contacted my insurance company to make a claim. I was asked to explain what had happened and to email over receipts proving ownership of the lost items as well as photos of the boxes the items had come in. I did all this straight away.

 

Then I heard nothing at all for 8 days. Finally I was told a Loss Adjustor from Davies Group would be ringing me to "interview" me. The phone interview with the Loss Adjustor lasted for around one hour. The Loss Adjustor requested an increasingly over the top array of documents. He accepted he'd already received ample evidence proving I owned the two lost items. He now asked for receipts and bank statements to document which grocery shops I'd visited to buy groceries in PRIOR to losing my items. Bus and train tickets proving I was in the area. Further receipts proving I was in the shop where I lost my laptop. And various other documents. I sent everything he had requested and answered all of his increasingly bizarre questions.

 

A further three or so days later, the Loss Adjustor emailed me to say he'd sent his report over to the underwriters and they'd sort out settlement of the claim.

 

That was over a week ago. I've now been told, today, all of the following by Davies Group:

 

"We've not received instructions back yet from your underwriter"

"Actually we have received instruction from your underwriter but we can't tell you what it says."

"We may need to pursue further lines of enquiry."

"We may require further communication."

"It could take up to 40 or 50 days to give you an answer."

"We can't tell you yet whether we will accept your claim."

"We've no idea when we will have an update."

"The person dealing with your claim is in a meeting."

"The person dealing with your claim isn't in the office this week."

 

WHAT ON EARTH?

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Make a formal complaint to your Insurers head of claims in writing. Send it recorded delivery.

 

If you have supplied information to verify the loss situation that happened, they should just sort out replacement of the items. This is provided they find no evidence of non disclosure e.g previous claims history not advised to them.

We could do with some help from you.

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I already made a formal complain in writing to the insurer and have complained over the phone as well. The people I bought the insurance from, Intelligent Insurance, seem concerned and claim they are investigating Davies conduct. The underwriter, Modus Underwriting, could not care less though.

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I already made a formal complain in writing to the insurer and have complained over the phone as well. The people I bought the insurance from, Intelligent Insurance, seem concerned and claim they are investigating Davies conduct. The underwriter, Modus Underwriting, could not care less though.

 

Intelligent insurance are fobbing you off, they will have little clout.

 

If you've already complained to the underwriters and got nothing, it's time to go to Lloyd's (of London, not the bank) - google their procedure and contact them. They may pass it back to the underwriters to look into if there is still a bit of their process left, but the underwriter will deal with it knowing Lloyd's are breathing down their neck.

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Because Modus are probably just providing underwriting capacity and don't deal with any admin on the policy as such.

 

Intelligent Insurance should sort this out for you.

We could do with some help from you.

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I've just noticed a number of other complaints about Davies Group in this forum. How do they get away with it?!

 

They deal with huge numbers of claims and they are really only bothered about meeting their contract with the Insurers. Policyholders don't like being investigated for making claims, feeling they are being accused of something. Also you get arguments about work needed.

 

Always complain to your Insurers, as they are the ones paying Davies.

We could do with some help from you.

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Intelligent Insurance are appalled with the way it's being handled, or so they say. They've said that given it's a relatively low value straightforward claim they've no idea why it's taking this amount of time and that they don't understand why I was asked for proof of travel and proof of grocery shopping at the initial interview.

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Intelligent Insurance are appalled with the way it's being handled, or so they say. They've said that given it's a relatively low value straightforward claim they've no idea why it's taking this amount of time and that they don't understand why I was asked for proof of travel and proof of grocery shopping at the initial interview.

 

I think you will find that Davies group know a lot more about the claims process they have agreed with the policy underwriters than Intelligent Insurance.

 

If you tried to distance yourself from the claim you are making. If you worked for a claim assessment company and someone was claiming for a lost laptop and ipad, left behind in a shop by accident, i think you would be asking pertinent questions. The reason for asking the questions is why someone would be so absent minded to leave such items in a shop. Most people with items of such value would be very aware of carrying such items and would be very alert to keeping them safe.

 

It might help for you to come across as understanding why a claims assessor is being suspicious about a claim and to be as helpful as you can. So far you appear to have done this and you come across as having suffered a genuine loss. The claims process is designed to test those with claims that are not genuine in some way.

We could do with some help from you.

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